AILET Legal-Aptitude: Questions 135 - 136 of 151

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Question number: 135

» Law: Nature and Classification

Appeared in Year: 2016

MCQ▾

Question

LEGAL PRINCIPLE: A judgment which binds only the parties to a suit in which the judgment was passed is called judgment in personam; whereas a judgment which binds all men irrespective of whether they were party to suit or not is known as judgment in rem.

FACTUAL SITUATION: “Judgment of a competent court determining contractual obligations of the parties to a contract is an example of judgment in personam; but a judgment of a competent court declaring a party to be insolvent is an example of judgment in rem. ” Comment on the correctness of this statement.

Choices

Choice (4) Response

a.

The Statement is wrong as both the judgments are judgments in rem as both bind not only the parties to the suit but also others.

b.

The Statement is wrong as both the judgments are judgments in personam as both the judgments bind not only the parties to the suit but not the others.

c.

The statement is correct.

d.

The statement is incorrect because a judgment relating to contract is a judgment in rem as it binds both the parties to the suit as well as the strangers. But a judgment relating to insolvency applies only to the person who has been adjudged to be an insolvent; hence it is a judgment in personam.

Question number: 136

» Law: Nature and Classification

Appeared in Year: 2016

Assertion-Reason▾

Assertion (Ꭺ)

The entries in the three legislative lists are not always set out with scientific precision.

Reason (Ꭱ)

The entries are not powers but are only fields of legislation.

Choices

Choice (4) Response

a.

Ꭺ is false but Ꭱ is true

b.

Both Ꭺ and Ꭱ are true but Ꭱ is NOT the correct explanation of Ꭺ

c.

Ꭺ is true but Ꭱ is false

d.

Both Ꭺ and Ꭱ are false

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